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FIRST AMENDMENT TO EASEMENT
COMES NOW, Jim R Heiner and Lucinda Ann Heiner of 3089 Lincoln County
Road 12 -123, Bedford, WY 83112, who state as follows:
WHEREAS, the Ralph S. Heiner Trust granted an easement to Carl S. Heiner
and Darlene F. Heiner, Trustees of the Carl S. Heiner Family Revocable Trust
dated October, 6, 1992 (the "Carl S. Heiner Trust of 871 Lincoln County Road
No. 123, Bedford, WY 83112;
WHEREAS, said easement is recorded in Book 559PR, Page 665, as Document
No. 900393 on June 23, 2004 in the Lincoln County Clerk's Office, Kemmerer,
Wyoming (the "Easement And was amended and recorded; No. 000295,
3/23/2010; receiving 952643 book 744 page 295.
WHEREAS, Jim R Heiner and Lucinda Ann Heiner; property owners wish to
amend said Easement at Paragraph 3, to clarify and add additional properties
which shall be benefited by the Easement;
NOW THEREFORE, Jim R Heiner and Lucinda Ann Heiner declare as follows:
1. That Paragraph 3 of the original Easement No. 900393 is deleted in its entirety
and the following language is substituted therefore:
(a) BEGINNING at the Witnessed Spike marking the Southeast Corner of the
NW1 /4NE1/4 of said Section 9, said point also marking a point in the North line of
the Ralph Heiner property as referred to in the Deed recorded in Book 50PR, on
Page 382 wit,b said Office; thence S64 °27'35 "W, along said North line, 1,493.89
feet to the B.L,M. type monument marking the Lloyd B. Baker PE /LS 698, 2004
location of the Southeast Corner of the N1/2SE1/4NW1/4 of said Section 9;
thence N0 °47'05 "E, along the East line of said N1/2SE1/4NW1/4, 666.70 feet to
the Witnessed Spike marking the Lloyd B. Baker PE /LS 698, 2004 location for
the Southwest Corner of said NW1 /4NE1 /4; thence S89 °02'06 "E, along the
South line of said NW1 /4NE1 /4, 1,338.97 feet to the Point of Beginning,
containing 10.247 Acres of land.
(b) In T33N, R118W of the 6th P.M. Lincoln County Wyoming
In Section 8: E1/2NE1/4
In Section 9: NW1 /4, N1/2SW1/4, and NW1 /4NE1/4
being in all a total of 360 acres of land
(c) BEGINNING at the Lloyd B. Baker PE/LS 698, 2008 location for the
Southeast Corner of the NW1 /4NE1/4 of said Section 9; thence N0 °36'26 "E,
along the East line of said NW1 /4NE1/4, 25.00 feet to the Southwest corner of
the Kidd property, as referred to in the Deed recorded with Instrument No.
757889, in Book 321 PR, on Page 122, with said Office; thence S89 °02'06 "E,
along the South line of said Kidd property, parallel with the North line of said
SE1 /4NE1/4 of said Section 9, 350.00 feet; thence S0 °36'26 "W, parallel with the
East line of the SW1 /4NE1/4 of said Section 9, 300.00 feet; thence
N89°02'06'W, parallel with the North line of said SE1 /4NE1 /4 of said Section
9, 350:00 feet to a Point in the East line of said SW1 /4NE1/4 of said Section
9; thence N0 °36'26 "E, along said East line of said SW1 /4NE1/4 of said
RECEIVED 4/19/2010 at 10:56 AM
RECEIVING 952975
BOOK: 745 PAGE: 614
JEANNE WAGNER
iwv+r,i r•ry 1 MTV ra FPK KFMMERER. WY
000615
Section 9, 275.00 feet, to the Point of Beginning, Encompassing 2.41± Acres
of land.
(d) A portion of the property, as referred to in the Deed recorded with Receiving
No. 935815, in Book 682, on Page 107, with the Office of the Clerk of
Lincoln County, Wyoming, within the E1/2 of Section 9, T33N, R118W, of
the 6th P.M., Lincoln County, Wyoming, the Boundary and Encumbrances
being more particularly described as follows: BEGINNING at the Lloyd B.
Baker PE /LS 698, 2007 location for the Northwest Corner of the S1/2NW1/4
of Section 10, of said T33N, R118W; thence S0 °25'34 "W, along the West line
of said S1/2NW1/4, 1,329.14 feet to the Charles V. King PE /LS 590, 1989
location for the Northwest Corner of the SW1 /4 of said Section 10; thence
S0 °25'36 "W, along the West line of said SW1 /4, 1,070.68 feet to a Point, said
Point being 1,588.03 feet N0 °25'36 "E, along said East line from the Paul N,
Scherbel RLS 164, 1980 location for the Southwest Corner of said SW1 /4;
thence S28 °51'47 "W 235.09 feet; thence S40 °08'03 "W 193.00 feet; thence
S45 °08'09 "W 183.45 feet; thence S39 °32'12 "W 176.57 feet to the Beginning
of a 250.00 feet Radius Curve to the Right; thence Southwesterly, along said
Curve to the Right, through a Central Angle of 18 °08'48 an arc length of
79.18 feet, said curve having a chord of S48 °36'36 "W 78.85 feet; thence
S57 °41'00 "W 104.41 feet to the Beginning of a 500.00 feet Radius Curve to
the Right; thence Southwesterly, along said Curve to the Right, through a
Central Angle of 12 °56'37 an arc length of 112.95 feet, said curve having a
chord of S64 °09'18' W 112.71 feet; thence S70 °37'36 "W 82.40 feet; thence
S73 °55'50 "W 161.18 feet; thence S81 °41'29 "W 102.13 feet; thence
S75 °36'53 "W 116.30 feet; thence S83 °39'09 "W 274.04 feet; thence
S85 °09'12 "W 221.83 feet; thence N88 °10'20 "W 398.14 feet; thence
S78°57'43'W 133.17 feet; thence S63 °27'05 "W 184.74 feet; thence
S71 °07'47 "W 255.55 feet; thence S76 °08'15 "W 107.75 feet to a Point in the
East line of the SW1 /4 of said Section 9, said Point being 253.35 feet
N0 °47'15 "E, along said East line, from the Lloyd B. Baker PE /LS 698, 2003
location for the Southeast Corner of said SW1 /4; thence N0 °47'15 "E, along
said East line 2255.91 feet to the southeast corner of the NW% section 9
Lloyd B Baker PE/698, thence N0 °47'15 "E, along said East line, 666.94 feet
to the Southwest corner of the Heiner property, (CSN 1/64 section 9, 2004
Lloyd B Baker PE/LS 698) as referred to in the Deed recorded with Receiving
No. 935816, in Book 682, on Page 110, with said Office; thence
N64 °27'12 "E, along the South line of said Heiner property, 1,494.10 feet, (NE
1/16 section 9, 2008 Lloyd B Baker PE /LS 698) thence S0 °36'26 "W, 275 feet,
thence S89 °02'06 "E, 350 feet thence N0 °36'26 "E, 300 feet, thence
S89 °02'06 "E, along the South line of said Kidd property, parallel with the
North line of the SE1 /4NE1/4 of said Section 9, 250 feet to the Southeast
corner thereof; thence S80 °33'11 "E 169.50 feet to a Point in said North line of
said SE1 /4NE1/4; thence S89 °02'06 "E, along said North line, 571.56 feet, to
the Point of Beginning, Encompassing about 187.49± Acres of land.
(e) The Heiner property, as referred to in the Deed recorded with Receiving No.
935818, in Book 682, on Page 116, and a portion of the Heiner property, as
referred to in the Deed recorded with receiving No. 935815, in Book 682, on
Page 107, all with the Office of the Clerk of Lincoln County, Wyoming,
within the NE1 /4NE1/4 of Section 9, and the NW1 /4NW1/ 4 of Section 10,aII
in T33N, R118W, of the 6th P.M., Lincoln County, Wyoming, the Boundary
and Encumbrances being more particularly described as follows:
BEGINNING at the Lloyd B. Baker PE /LS 698, 2 007 location for the
Northeast Corner of the SE1 /4NE1/4 of said Section 9; thence N89 °02'06 "W,
along the North line of said SE1 /4NE1/ 4, 571.56 feet; thence N80 °33'11 "W
169.50 feet to the Southeast corner of the Kidd property, as referred to in the
Deed recorded with Document No. 757889, in Book 321PR, on Page 122
with said Office; thence N47 °04'02 "E, along the Easterly line of said Kidd
property, 788.64 feet to a Point in the Westerly line of the Heiner property, as
referred to in the Deed recorded with Document No. 902092, in Book 565, on
Page 308, with said Office; thence S49 °01'58 "E, along said Westerly line,
46.36 feet to the Southwest corner thereof; thence N48 °59'32 "E, along the
Southerly line of last said Heiner property, 98.17 feet to a Point in the
Westerly Right -of -Way line for Bedford Turnerville County Road 12 -123, as
referred to in the Right -of -Way, recorded with Document No. 229566, in
Book 24PR, on Page 130, with said Office, said Point being a Point in a 1, 3
97.22 feet Radius Curve to the Right, from which the Radius Point bears
S68°56'25'W; thence Southeasterly, along said Right -of -Way, the following:
Southeasterly, along said Curve to the Right, through a Central Angle of
4 °19'55 an arc length of 105.64 feet, said curve having a chord of S18 °5
3'37 "E 105.62 feet; S16 °43'39 "E 276.67 feet to the Beginning of a 198.59 feet
Radius Curve to the Left; Southeasterly, along said Curve to the Left, through
a Central Angle of 44 °11'00 an arc length of 153.14 feet, said curve having a
chord of S38 °4 9'09 "E 149.38 feet; and S60 °54'39 "E 265.50 feet to a Point in
the North line of the SW1 /4NW1 /4 of said Section 10; thence N89 °44'47 "W,
along said North line, 387.30 feet, to the Point of Beginning, Encompassing
7.17± Acres of land.
(f) BEGINNING at a Cotton Gin Spike marking the Point of Beginning
for the Easement recorded in Book 559PR, on Page 665, with said Office, also
being a Point in the Center Line of Bedford Turnerville County Road No. 12 -123,
said point being 695.55 feet S2 °42'39 "W, NOT along the Section line, from
the B.L.M. type Monument marking the Lloyd B. Baker PE /LS 698, 1981
location for the Northeast Corner of said NE1 /4NE1/4; thence S48 °59'32" W,
along the Center Line of said Easement, 135.89 feet to a Cotton Gin Spike;
thence N49 °01'58 "W 46.36 feet to an Aluminum Cap on Iron Pipe marking a
Point in the East line of the Kidd property, as referred to in the Deed recorded
in Book 321PR, on Page 122, with said Office; thence N0 °54'31 "E, along said
East line, 264.63 feet to an Aluminum Cap on Iron Pipe; thence N58 °26'26 "E
27.05 feet to a Cotton Gin Spike marking a point in said County Road Center
Line; thence Southeasterly, along said Center Line, along a 1432.22 feet
000616
Radius Curve to the Right having a central angle of 9 °51'26 an arc length of
246.40, and a chord of S26 °37'51 "E 246.10, to the Point of Beginning
containing 0.583 Acres of Land.
2. The Easement(s) created herein shall run with the lands identified herein.
3. The parties hereto and their spouses, for themselves and their heirs and
successors and assigns, hereby waive any and all rights under and by virtue of
the homestead exemption laws of the State of Wyoming to the extent that such
rights may interfere with the purposes of the Easement.
4. The remainder of the Easement is hereby approved and confirmed in all other
respects.
IN WITNESS WHEREOF, each party to this FIRST AMENDMENT TO
EASEMENT caused it to be signed on the dates indicated below:
R
IM R HEINER
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
On the day of April, 2010, personally appeared before me JIM R HEINER
and LUCINDA ANN HEINER, who duly acknowledged to me that they executed
the above first amendment to easement.
WITNESS my hand and official seal.
Y PUB
My Commission expires: 3
LUCINDA ANN HEINER
EPPLER
COU T OF
OF
VINVAING
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